Attachment A - Draft Ordinance - PHO-2-20_Z-110-08-7(5).pdf

ATTACHMENT A 
 
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE 
FINAL, ADOPTED ORDINANCE 
 
 
 
 
 
ORDINANCE G- 
 
AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO 
REZONING APPLICATION Z-110-08-7(5) PREVIOUSLY APPROVED BY 
ORDINANCE G-6166. 
 
____________ 
 
 
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as 
follows: 
SECTION 1. The zoning stipulations applicable located 
approximately 300 feet north of the northeast corner of 99th Avenue and McDowell 
Road in a portion of Section 33, Township 2 North, Range 1 East, as described 
more specifically in Attachment “A”, are hereby modified to read as set forth below.  
STIPULATIONS: 
1. 
ThatTHE development shall be in general conformance to WITH the site 
plan date stamped SEPTEMBER 11, 2020 March 11, 2016, as approved 
or modified by the Planning and Development Department. 
 
 
2. 
That THE development shall be in general conformance to WITH the 
elevations date stamped SEPTEMBER 11, 2020 March 2, 2016, with the 
addition of architectural embellishments and detailing on all sides of the 
buildings to include textural changes, pilasters, offsets, recesses, variation 
in window size and location, and/or other overhang canopies, as approved 
OR MODIFIED by the Planning and Development Department. 
 
 
3. 
That iIn the event the applicant obtains a landscape easement agreement 
from Roosevelt Irrigation District, view fencing shall be provided along the 
east property line along the Roosevelt Irrigation District Canal, as approved 
by the Planning and Development Department.

4. 
That iIn the event archaeological materials are encountered during 
construction, the developer shall immediately cease all ground disturbing 
activities within a 33-foot radius of that discovery, notify the City 
Archaeologist, and allow time for the Archaeology Office to properly assess 
the materials. 
 
 
5. 
That rRight-of-way totaling 75 feet shall be dedicated for the east half of 
99th Avenue, as approved by the Planning and Development Department. 
 
 
6. 
That tThe developer shall construct all streets adjacent to the development 
with paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping, 
and other incidentals, as approved by the Planning and Development 
Department. All improvements shall comply with all ADA accessibility 
standards. 
 
 
7. 
That tThe applicant shall complete and submit the Developer Project 
Information Form for the MAG Transportation Improvement Program to the 
Street Transportation Department (602-262-6193). This form is a 
requirement of the EPA to meet clean air quality requirements. 
 
 
 
SECTION 2. Due to the site’s specific physical conditions and the use 
district granted pursuant to Ordinance G-6166, this portion of the rezoning is now 
subject to the stipulations approved pursuant to Ordinance G-6166 and as modified 
in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the 
City of Phoenix Zoning Ordinance. Building permits shall not be issued for the 
subject site until all the stipulations have been met. 
SECTION 3. If any section, subsection, sentence, clause, phrase or 
portion of this ordinance is for any reason held to be invalid or unconstitutional by 
the decision of any court of competent jurisdiction, such decision shall not affect the 
validity of the remaining portions hereof. 
PASSED by the Council of the City of Phoenix this 16th day of 
December, 2020. 
 
 
 
 
________________________________

MAYOR  
 
 
 
ATTEST: 
 
 
____________________________City Clerk 
 
 
APPROVED AS TO FORM: 
 
____________________________City Attorney 
 
 
 
REVIEWED BY:  
 
____________________________City Manager 
 
Exhibits: 
A - Legal Description (1 Page) 
B - Ordinance Location Map (1 Page)

EXHIBIT A 
 
LEGAL DESCRIPTION FOR PHO-2-20-- Z-110-08-7(5) 
 
 
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 
33, TOWNSHIP 2 NORTH, RANGE 1 EAST, GILA AND SALT RIVER MERIDIAN, 
MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS 
FOLLOWS: 
 
THE WEST 208.72 FEET OF THE NORTH 417.44 FEET OF THE SOUTH 717.44 
FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST 
QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 1 EAST, GILA AND 
SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA. 
 
EXCEPT THE WEST 65 FEET THEREOF. 
 
SAID PARCEL CONTAIN 60008 SQUARE FEET MORE OR LESS.